guilty-plea

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-936 Nadarius Barnes v. United States Tenth Circuit 2026-02-06 Pending appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t…
25-6710 Jose Ramon Castillo-Lopez v. United States Fifth Circuit 2026-02-04 Pending IFP appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea Whether the Fifth Circuit correctly dismissed Petitioner's challenge to his federal sentence based on a plea agreement's boilerplate waiver of appella…
25-6634 Joseph D. Reaves v. Pennsylvania Pennsylvania 2026-01-21 Pending Response WaivedIFP due-process fourteenth-amendment guilty-plea newly-discovered-evidence pcra-petition psychiatric-medical-history Does the Due Process Clause of the Fourteenth Amendment entitle a Petitioner in a PCRA Petition to relief where state courts failed to address imprope…
25-6627 Gerald Blaise II v. United States Ninth Circuit 2026-01-20 Pending IFP appellate-waiver civil-rights-restoration felony-possession firearm-statute guilty-plea mens-rea Whether a defendant previously convicted of a felony offense violates 18 U.S.C. §§ 922(g)(1) & 924(a)(2) when, at the time that he possesses a firearm…
25-6431 Edin Anael Solis-Rodriguez v. United States Fourth Circuit 2025-12-23 Pending Response WaivedIFP appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice by subjecting him to the plain-error standard and weighin…
25-6336 Joshua J. Lewandowski v. Jefferey Perkins, Superintendent, Coyote Ridge Corrections Center Ninth Circuit 2025-12-11 Pending Response WaivedIFP constitutional-rights effective-assistance-counsel fetal-alcohol-syndrome guilty-plea mental-disability sixth-amendment Does the Sixth Amendment require defense counsel to ensure a mentally disabled defendant's guilty plea is knowing and voluntary, especially with fetal…
25A610 Keegan L. Lovell v. United States Armed Forces 2025-11-24 Application child-pornography court-martial due-process guilty-plea military-justice uniform-code-of-military-justice Whether a military trial judge's failure to fully explore a defendant's understanding of the elements of a guilty plea constitutes a due process viola…
25-6180 David Craig Milam v. United States Fourth Circuit 2025-11-20 Denied Response WaivedIFP criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea
25-6167 Amir Golestan v. United States Fourth Circuit 2025-11-19 Denied Response WaivedIFP denaturalization guilty-plea immigration-consequences rule-11 substantial-rights wire-fraud Whether the failure to give the Rule 11(b)(1)(O) warning affects the substantial rights of a naturalized United States citizen who could be denaturali…
25A591 Nadarius Barnes v. United States Tenth Circuit 2025-11-19 Application appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver Whether a defendant who enters an unconditional guilty plea waives the right to challenge on appeal that the admitted facts do not constitute the char…
25-6142 John Elwood Tyrone Martin v. United States Fourth Circuit 2025-11-17 Pending IFP appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error Whether the mandate rule precludes a district court from considering a defendant's motion to withdraw a guilty plea after a court of appeals remands f…
25-6090 Derrick Lorenzo Casey v. United States Fourth Circuit 2025-11-12 Denied Response WaivedIFP armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error Whether a Fifth Amendment charging error for an aggravated offense is structural error and how harmless error review should be applied in the guilty p…
25-5998 Shadon Demetric Edwards v. United States Eleventh Circuit 2025-10-30 Denied Response WaivedIFP firearms-offense guilty-plea harmless-error plain-error statutory-interpretation structural-error Whether errors under Erlinger v. United States are structural errors or subject to harmless/plain error review, and if plain error review applies, how…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion by failing to conduct an Evidentiary Hearing regarding pre-trial and guilty plea ineffective assistan…
25A390 John Elwood Tyrone Martin v. United States Fourth Circuit 2025-10-03 Presumed Complete appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal Whether the mandate rule permits federal appellate courts to review motions to withdraw guilty pleas filed after a case is remanded for resentencing
25A379 Edin Anael Solis-Rodriguez v. United States Fourth Circuit 2025-10-02 Presumed Complete circuit-split guilty-plea plain-error plea-colloquy rule-11 substantial-rights Whether courts may consider a defendant's failure to object to a Rule 11 plea colloquy error when determining if that error affected the defendant's s…
25A364 Jwan L. Hardin v. Indiana Indiana 2025-09-29 Presumed Complete attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment Whether an attorney's withholding of trial strategy information from a client violates the Fifth, Sixth, and Fourteenth Amendments by rendering a guil…
25-5608 Gary Jordan v. United States Tenth Circuit 2025-09-11 Pending Response RequestedResponse WaivedRelisted (2)IFP collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct wit…
25-5589 Shane Stevens v. Colorado Colorado 2025-09-10 Denied Response WaivedIFP due-process fourteenth-amendment guilty-plea mootness postconviction-relief procedural-default Whether a state postconviction scheme that bars relief for a guilty plea induced by a sentence later declared void ab initio violates the Due Process …
25-5362 Nathaniel Blancher v. United States Eleventh Circuit 2025-08-14 Denied Response WaivedIFP constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute …
25-5227 Derrick Kellen Mitchell v. United States Sixth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure district-court due-process guilty-plea plea-understanding sixth-circuit Should the Court grant certiorari to consider if the Sixth Circuit has improperly deviated from this Court's requirement, grounded in the Due Process …
25-5179 Gerald Lynn Campbell v. United States Sixth Circuit 2025-07-23 Denied Response WaivedIFP armed-career-criminal-act erlinger-error guilty-plea harmless-error-review sentencing-enhancement sixth-amendment Does the unique ACCA occasions-different inquiry render Erlinger error structural, and what is the proper harmless-error review test for a guilty plea…
24-7520 Salvador Nolasco Romero v. United States Tenth Circuit 2025-06-27 Denied Response WaivedIFP circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error Does the district court commit legal error in rejecting a guilty plea based on a legally inadequate defense, or can the district court reject it in an…
24-7355 Curtis Dewayne Miller v. United States Sixth Circuit 2025-06-04 Denied Response WaivedIFP bashara-factors circuit-split counsel-pressure guilty-plea judicial-discretion pre-sentencing-motion Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made after an initial trial that ended with a hung ju…
24-7231 Christian Leonardo Franco Posligua v. United States Fifth Circuit 2025-05-16 Denied Response WaivedIFP criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its 'preliminary' determination of 'jurisd…
24-7132 Donovan Jacob Farr v. Texas Texas 2025-05-05 Denied Response WaivedIFP constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement Did the state court disregard this Court's precedent by upholding the constitutional validity of a guilty plea despite recognizing that undisputed fac…
24-7107 Brandon A. Dunkleberger v. Illinois Illinois 2025-05-01 Denied Response WaivedIFP criminal-procedure due-process essential-elements guilty-plea judicial-precedent plea-validity Is Illinois bound by this Court's rule that a guilty plea is not valid when the defendant is not informed of the essential elements of the crime?
24-6992 Mehdi Nikparvar-Fard v. United States Third Circuit 2025-04-15 Denied Response WaivedIFP due-process evidence-admissibility fifth-amendment guilty-plea legal-counsel motion-to-withdraw Whether the district judge's decision to deny the defendant's motion to withdraw his guilty plea violated the defendant's Fifth Amendment right to due…
24-6562 Derek Jones v. United States Second Circuit 2025-02-13 Denied Response WaivedIFP appellate-review circuit-split due-process factual-basis guilty-plea sentencing-guidelines Whether an unconditional guilty plea admits surplus factual allegations not essential to proving an offense element, and what standard of appellate re…
24-6550 Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2025-02-12 Rehearing Relisted (2)IFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance strickland-standard Whether the Third Circuit misapplied Strickland and Slack standards in denying Brown's ineffective assistance of counsel claim when substantial eviden…
24-6495 Billy Joe Taylor v. United States Eighth Circuit 2025-02-06 Denied Response WaivedIFP circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t…
24-6345 Mark Jones v. United States Ninth Circuit 2025-01-21 Denied Response WaivedIFP civil-violation criminal-statute guilty-plea immigration-law ninth-circuit statutory-interpretation Whether 'in violation of law' in 8 U.S.C. § 1324(a)(1)(A)(ii) is limited to criminal immigration violations and does not include civil immigration vio…
24-6328 Donald East v. Marty Jackley, Attorney General of South Dakota, et al. Eighth Circuit 2025-01-16 Denied IFP actual-innocence criminal-conviction exculpatory-evidence guilty-plea habeas-relief ineffective-assistance Whether a factual basis supporting a criminal conviction can be verifiably false and still result in a valid conviction; whether an attorney accepting…
24-6261 Thaddeus J. Culpepper v. United States Ninth Circuit 2025-01-10 Denied Response WaivedIFP appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t…
24-6181 Richard Grier v. United States Fourth Circuit 2024-12-20 Denied Response WaivedIFP case-dismissal court-discretion discovery-motion guilty-plea judicial-review sentencing-error Did the lower court abuse its discretion when it denied petitioner's motion to receive discovery files and dismissed the case in December 2022 despite…
24-6106 In Re Freeman William Stanton 2024-12-10 Denied IFP concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing Whether the petitioner is entitled to resentencing based on ineffective counsel, plea agreement terms, and mental disability claims
24A483 Samuel Boima v. United States Second Circuit 2024-11-15 Presumed Complete appellate-review constitutional-challenge fourth-amendment guilty-plea search-and-seizure suppression-of-evidence Whether a federal district court's denial of a motion to suppress evidence obtained through an allegedly unconstitutional search can be reviewed on di…
24-5922 Christopher Gabriel Allen-Shinn v. United States Fifth Circuit 2024-11-06 Denied Response WaivedIFP constitutional-interpretation guilty-plea judicial-precedent procedural-standard seven-factor-test withdrawal Whether the seven-factor test for withdrawing a guilty plea complies with the Supreme Court's precedent in Kercheval v. United States
24-5595 David Tran v. United States Fifth Circuit 2024-09-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-withdrawal voluntariness Whether a guilty plea entered without full knowledge and voluntariness can be withdrawn without further judicial inquiry
24-247 Kenneth Kelley v. William S. Bohrer, Warden, et al. Fourth Circuit 2024-09-04 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus mens-rea vehicular-homicide Does this Court's clearly established precedent require an explanation and understanding of the elements of each charge to which a defendant pleads gu…
24-5404 Mani Panoam Deng v. United States Eighth Circuit 2024-08-27 Denied Response WaivedIFP constitutional-challenge drug-use firearm-prohibition guilty-plea menna-blackledge-doctrine second-amendment Whether a defendant retains the right to appeal an as-applied Second Amendment challenge after pleading guilty under the Menna-Blackledge doctrine, an…
24-5312 Genaro Medina-Luna v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP appellate-argument criminal-procedure guilty-plea indictment-waiver jurisdictional-error plea-validity Is Petitioner's appellate argument that his waiver of Indictment was invalid a claim of jurisdictional error that is not waived by an unconditional gu…
24-5271 Claude P. Lacombe v. Brian Emig, Warden, et al. Third Circuit 2024-08-08 Denied Response WaivedIFP guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice Whether a petitioner seeking habeas relief from a sentence imposed by a guilty plea can establish Strickland prejudice by showing that but for counsel…
24-5282 Darrell Gunn v. New York New York 2024-08-08 Denied IFP appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing Whether appellant counsel provided ineffective assistance by failing to pursue a potentially meritorious pre-sentencing guilty plea withdrawal
24-5285 Ernesto Alba Vasquez v. United States Fifth Circuit 2024-08-08 Denied Response WaivedIFP criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance
24-5266 Darrell Gunn v. New York New York 2024-08-07 Denied IFP capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness Whether capital defense counsel's failure to present mitigating evidence of mental illness constitutes ineffective assistance of counsel and violates …
24-5236 Francisco German Alvarez v. United States Ninth Circuit 2024-08-06 Denied Response WaivedIFP boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver In determining the voluntariness of a guilty plea, did the Ninth Circuit improperly apply the competence-to-stand-trial standard instead of the Boykin…
24A37 Hussein Kadhim Abood Khalaf v. United States Eighth Circuit 2024-07-12 Presumed Complete deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal Whether ineffective assistance of counsel during plea negotiations that misrepresent potential immigration consequences constitutes grounds for withdr…
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation-Clause
23-7752 Mark Edmond Brown, Jr. v. United States Sixth Circuit 2024-06-18 Denied Response WaivedIFP appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit Whether a defendant's appeal waiver bars the filing of a coram nobis petition following full service of his sentence
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal
23-7640 Devin Fischer v. North Dakota North Dakota 2024-06-05 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion?
23-7035 Anderson Garcia v. United States Second Circuit 2024-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi…
23-1022 Nancy Martin v. United States Tenth Circuit 2024-03-18 Denied Amici (1) appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis
23-6980 Matthew Murphy v. United States First Circuit 2024-03-15 Denied Response WaivedIFP bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error whether-this-court-should-grant-this-petition
23-6883 Shawn David McMinn v. Oklahoma Oklahoma 2024-03-01 Denied IFP certiorari constitutional-rights due-process federal-jurisdiction guilty-plea indian-law judicial-review post-conviction preemption supreme-court Whether Oklahoma violated its own law in an effort to deny a Petitioner his right to due process of law pertinent to the post-conviction proceedings
23-6836 Ruixue Shi, aka Serena Shi v. United States Ninth Circuit 2024-02-27 Denied Response WaivedIFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d…
23-6823 Troy Raynard Alexander v. United States Fourth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment Whether the lower court abused their discretion by denying a COA
23-6774 Tremayne Silas v. United States Eighth Circuit 2024-02-16 Denied Response WaivedIFP ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl…
23-888 Alfredo Felipe Rasco v. United States Eleventh Circuit 2024-02-16 Denied Response Waived certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou…
23-6724 Terrence Michael Taylor, aka Terrance Michael Taylor v. United States Tenth Circuit 2024-02-12 Denied IFP 18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution Does a defendant's guilty plea to an indictment charging multiple violations of 18 U.S.C. § 922(g), unlawful firearm possession, waive his Double Jeop…
23-6727 Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2024-02-12 Denied Response WaivedIFP criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable de…
23-6621 Adrian Ayala-Garcia, et al. v. United States Tenth Circuit 2024-01-30 Denied IFP attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on grounds other than ineffective assistance of counsel …
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi…
23-6381 Roy Jackson v. Louisiana Louisiana 2023-12-28 Denied IFP antiterrorism-and-effective-death-penalty-act civil-rights constitutional-violation due-process exculpatory-evidence extraordinary-circumstances guilty-plea habeas-corpus ineffective-assistance right-to-counsel standing Whether the district court erred in dismissing petitioner's habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23A591 Jeffri Dávila-Reyes v. United States First Circuit 2023-12-27 Presumed Complete article-ii circuit-split constitutional-error guilty-plea maritime-drug-law subject-matter-jurisdiction Whether the Maritime Drug Law Enforcement Act (MDLEA) establishes a jurisdictional limitation that cannot be waived by an unconditional guilty plea an…
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com…
23-618 Delano Marco Medina v. Colorado Colorado 2023-12-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard whether-it-is-consistent-with-due-process-to-convict-a-criminal-defendant-without-finding-the-defendant-is-guilty
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights Whether an uncounseled felony guilty plea is Constitutionally valid
23-6194 Christopher Andrew Canales v. Nathan Hoffman, Acting Warden Sixth Circuit 2023-12-07 Denied IFP constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea Whether petitioner should be entitled to full discovery (inculpatory and exculpatory) during the plea bargaining process
23-6099 Carlos Noe Gallegos v. Texas Texas 2023-11-22 Denied IFP circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard Whether Padilla v. Kentucky applies to denaturalization consequences of a guilty plea
23-5857 Jeremy Moody v. Georgia Georgia 2023-10-23 Denied Relisted (2)IFP autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion Whether a guilty plea waives claims that the trial court violated a defendant's autonomy-based rights
23-5858 Anthony Schneider v. United States Ninth Circuit 2023-10-23 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor Whether a guilty plea that includes an appellate waiver bars jurisdictional challenges on appeal
23-5732 Wayne Harris v. Sergeant Stash, et al. Third Circuit 2023-10-10 Denied IFP civil-rights constitutional-rights deportation due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel malicious-prosecution racial-discrimination wrongful-conviction Whether the petitioner's conviction should be vacated due to ineffective assistance of counsel, leading to a violation of his constitutional rights, a…
23-5734 Lawrence Flack v. United States Sixth Circuit 2023-10-10 Denied Response WaivedIFP appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double j…
23A314 Matthew C. Spaeth v. United States Tenth Circuit 2023-10-10 Presumed Complete attorney-client-communications collateral-review guilty-plea prosecutorial-misconduct section-2255-motion tollett-v-henderson Whether a defendant who entered a guilty plea may challenge his conviction on direct appeal or collateral review based on claims of prosecutorial misc…
23A259 Faisal Ashraf, aka Sal v. United States Ninth Circuit 2023-09-21 Presumed Complete appeal-waiver cfaa-authorization computer-fraud-and-abuse-act guilty-plea sufficiency-of-factual-basis van-buren Whether an appellate court may enforce an appeal waiver in a plea agreement to preclude review of a challenge to the sufficiency of the factual basis …
23A222 Jong Whan Kim v. United States Fourth Circuit 2023-09-07 Presumed Complete criminal-procedure guilty-plea mens-rea nature-of-charges ruan-v-united-states rule-11-colloquy Whether a district court satisfies Federal Rule of Criminal Procedure 11(b)(1)(G)'s requirement to inform a defendant of the nature of the charges by …
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal Whether the district court abused its discretion when it denied defendant's motion to withdraw his guilty plea and failed to make factual findings nec…
23-5312 In Re Brian D. Smith 2023-08-09 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal Is Smith's plea of guilty invalid?
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea
23-5195 Cynthia Kaye Wood v. Texas Texas 2023-07-25 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea Was the defendant's guilty plea voluntary when she did not know the mens rea for the charged offense?
23-5102 Taiwo K. Onamuti v. United States Seventh Circuit 2023-07-14 Denied Response WaivedIFP 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation Can an original guilty plea be completely knowing and voluntary?
23-5059 Savon Hardaway v. United States Fourth Circuit 2023-07-07 Denied Response WaivedIFP career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error Whether Mr. Hardaway made a sufficient showing that if he had been properly advised, there is a reasonable probability that he would not have pleaded …
23-5016 Jonathan Limbrick v. United States Fifth Circuit 2023-07-03 Denied Response WaivedIFP abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea?
22-7822 Darwin Powell v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
22-7697 Kenneth Brown, Jr. v. Pennsylvania, et al. Pennsylvania 2023-06-02 Denied Response RequestedRelisted (2)IFP act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio Whether Act 84, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional
22-7605 Sealed Appellant v. United States Ninth Circuit 2023-05-22 Denied Response WaivedRelisted (2)IFP bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner
22-7566 Byron Keith Howard v. United States Fourth Circuit 2023-05-16 Denied Response WaivedIFP automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the…
22-7459 Joseph Church v. United States Fifth Circuit 2023-05-04 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing Whether it is harmless error when a guilty plea is obtained in violation of due process of law
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif…
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea
22-7229 Manuel Ovante, Jr. v. Arizona Arizona 2023-04-06 GVR IFP capital-murder due-process guilty-plea judicial-misrepresentation lynch-v-arizona parole parole-eligibility sentencing simmons-v-south-carolina Whether Petitioner's guilty pleas were involuntary due to the trial judge's misrepresentation that life with the possibility of parole was a sentencin…
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea
22-7057 Raymond Pniewski, Jr. v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights court-advisement due-process guilty-plea involuntary-plea judicial-procedure people-v-jaworski Do the rulings of Boykin v. Alabama and People v. Jaworski violate the petitioner's constitutional and due process rights by requiring the court to ad…
22-7046 Valdamir Fred Morelos v. California California 2023-03-21 Dismissed IFP autonomy-right capital-defendant capital-defendants counsel-consent due-process guilty-plea mccoy-v-louisiana penal-code penal-code-section-1018 right-to-autonomy sixth-amendment Does California's Penal Code Section 1018 violate capital defendants' right to autonomy under the Sixth Amendment and McCoy v. Louisiana?
22-7032 Scott Lynn Fishbein v. United States Fifth Circuit 2023-03-17 Denied Response WaivedIFP 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assist…
22-6942 Kwame Burrell v. Willis Chapman, Acting Warden Sixth Circuit 2023-03-06 Denied Response WaivedIFP 14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution Did the trial court fail to protect the petitioner's fundamental due process right to substitute appellate counsel after the original appellate counse…
22-6656 Randy Lee Stapleton v. United States Ninth Circuit 2023-01-30 Denied Response WaivedIFP appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw Whether an appellate court should review on the merits the denial of a motion to withdraw a guilty plea notwithstanding a purported waiver of appeal
22-6556 Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States First Circuit 2023-01-18 Denied Response WaivedIFP criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence
22-6527 William Langley, Jr. v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation Should the court find petitioner's conviction for '924(c) et al. unconstitutional
22-6486 Atiq Weston v. Michael Capra, Superintendent, Sing Sing Correctional Facility Second Circuit 2023-01-09 Denied Response WaivedIFP constitutional-claims constitutional-rights dna-testing due-process extraordinary-relief false-evidence false-testimony guilty-plea new-trial newly-discovered-evidence post-conviction Whether the post-conviction, due process violations exposed by false DNA testing on the petitioner's case warrant a new trial
22-6431 Philip Johnson v. Illinois Illinois 2022-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment
22-6349 Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution Ninth Circuit 2022-12-20 Denied Response WaivedIFP 28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a writ…
22-6288 Mangwiro Sadiki-Yisrael v. United States Eleventh Circuit 2022-12-13 Denied Response WaivedIFP base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max Whether the government must prove a defendant's mens rea and knowledge of first-degree murder to establish the statutory max and base offense level un…
22-536 Eliezer Alberto Jimenez v. United States Sixth Circuit 2022-12-12 Denied constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights Whether requiring a criminal defendant to waive the right to seek habeas corpus or its substitute as a condition of a guilty plea violates the unconst…
22-537 Ramy Eid Zaki Hakim v. United States Ninth Circuit 2022-12-12 Denied Response Waived due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal When can a defendant withdraw a guilty plea induced by the government's promise to assist with immigration status?
22-527 Sammy Jay Riddle v. Texas Texas 2022-12-07 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective-assistance-of-counsel claim without conducting an evid…
22-6013 Damian Robert Guthary v. United States Fourth Circuit 2022-11-08 Denied Response WaivedIFP 18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error
22-5900 Robert Bethel v. Ohio Ohio 2022-10-25 Denied IFP brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea impeachment-evidence united-states-v-ruiz Whether there is a fundamental difference between material exculpatory and impeachment evidence when a guilty plea is involved, and does due process r…
22-5746 Chrystal Clues-Alexander v. Louisiana Louisiana 2022-10-04 Denied Response WaivedIFP constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury Whether this Court's decision in Ramos v. Louisiana, 590 U.S. __ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty bef…
22-5724 In Re Chad Small 2022-09-30 Denied IFP compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment WHETHER PETITIONER WAS DENIED HIS 6TH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
22-5711 Joshua Austin Kramer, aka Benjamin Franklin v. United States Fourth Circuit 2022-09-29 Denied Response WaivedIFP criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5383 Lynn M. Giovanni v. New Jersey New Jersey 2022-08-18 Denied IFP criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal Ineffective-assistance-of-counsel
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision
22-5191 Anis Blemur v. United States Eleventh Circuit 2022-07-26 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold…
21-8203 Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs Third Circuit 2022-06-22 Denied Response WaivedIFP criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation Ineffective-assistance-of-counsel
21-8173 Vincent Raymond Rios v. United States Ninth Circuit 2022-06-17 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights
21-8120 Willie Alfred Green v. Delijah Washington Eleventh Circuit 2022-06-10 Denied Response WaivedIFP brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment Are Brady claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence?
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea
21-8045 Marcellus Overton v. United States Second Circuit 2022-06-03 Denied Response WaivedIFP brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the 'materia…
21-8036 Jason Slaughter v. Delaware Delaware 2022-06-02 Denied Response WaivedIFP constitutional-rights guilty-plea IAD-rights ineffective-assistance ineffective-assistance-of-counsel procedural-default speedy-trial waiver Did petitioner's attorney provide ineffective assistance of counsel sufficient to constitute cause for a procedural default
21-7922 Jason Michael Ehret v. United States Fifth Circuit 2022-05-19 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction Does an uncounseled guilty plea constitute a structural error that can be raised at any time?
21-7866 Carlos Alberto Zamudio v. United States Fifth Circuit 2022-05-13 Denied Response WaivedIFP appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
21-7840 Hazhar A. Sayed v. Colorado Colorado 2022-05-11 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel Whether Mr. Sayed's plea was entered knowingly, intelligently, and voluntarily
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue due process for a defendant who pleads guilty?
21-7723 Freddie Galan v. United States Fifth Circuit 2022-04-27 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w…
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing Did the district court err in denying the defendant's motion to withdraw his guilty plea?
21-7570 Vander Clayborne v. Pennsylvania Pennsylvania 2022-04-07 Denied IFP criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing Should this Court review the decision of the Pennsylvania Supreme Court to deny the Petitioner the right to have his unwarranted guilty plea looked in…
21-7225 Milton Lattimore v. Illinois Illinois 2022-02-28 Denied Response WaivedIFP criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho…
21-7171 Robin Lee Sherwood v. George A. Neotti, Warden Ninth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington Whether the Ninth Circuit's prejudice standard for an ineffective assistance of counsel claim concerning competency to plead guilty conflicts with Str…
21-7074 Benny Dennis v. United States Fifth Circuit 2022-02-08 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appe…
21-1042 David Minnick v. Dan Winkleski, Warden Seventh Circuit 2022-01-26 Denied Response Waived criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington Whether the 'reasonableness' standard for assessing deficient performance of defense counsel under Strickland-v-Washington,-Hill-v-Lockhart permits a …
21-6832 Douglas D. True v. Dexter Payne, Director, Arkansas Division of Correction Arkansas 2022-01-12 Denied Response WaivedIFP actual-innocence constitutional-mandate due-process guilty-plea habeas-corpus jurisdiction plea-voluntariness supreme-court-review whether-the-supreme-court-overruled-boykin-v-alabama
21-6749 Matthew Sullivan v. Daniel Sproul, Warden Seventh Circuit 2021-12-30 Denied Response WaivedIFP brady-v-united-states criminal-procedure guilty-plea legal-clarification misinformation plea-validity post-conviction post-conviction-relief sentencing-enhancement statutory-penalty May a criminal defendant attack the validity of his guilty plea when a post conviction clarification in law reveals that he was misinformed regarding …
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment Whether Petitioner's Fifth Amendment right to Due Process was violated
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6630 Daniel A. Rodriguez v. United States Eleventh Circuit 2021-12-16 Denied Relisted (2)IFP 28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(…
21-6557 Tekoa Glover v. United States Fourth Circuit 2021-12-10 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal Did the United States Court of Appeals for the Fourth Circuit err by ruling that Mr. Glover waived his Sixth Amendment claims by entering a guilty ple…
21-6416 Bradford S. Davic v. Ohio Ohio 2021-11-24 Denied Response WaivedRelisted (2)IFP appellate-review constitutional-rights due-process guilty-plea mandatory-sentences mandatory-sentencing sex-offender-registration trial-court-notification void-plea Is a petitioner denied due process of law, and is his guilty plea void, where his plea was not entered knowingly, intelligently and voluntarily, due t…
21-6369 Jeremy Denson v. Texas Texas 2021-11-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development Did the judge err in accepting the defendant's guilty plea without asking him about the contradictory statements?
21-6073 John Ray Falk, Jr. v. Texas Texas 2021-10-27 Denied IFP accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant Whether a pro se defendant must be informed of the prosecution's theory of his own criminal liability when pleading guilty to a death-eligible homicid…
21-603 Ohio v. George Brinkman Ohio 2021-10-26 Denied Amici (1) automatic-reversal boykin-advisement boykin-v-alabama constitutional-rights due-process fourteenth-amendment guilty-plea plea-review presumption-of-prejudice standard-of-review Does the Due Process Clause prohibit review of the entire record to determine whether a guilty plea was knowingly, intelligently and voluntarily enter…
21-5967 Zenon Grzegorczyk v. United States Seventh Circuit 2021-10-15 Denied Relisted (11)IFP collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver Does an unconditional guilty plea waive a defendant's right to challenge his conviction under 18 U.S.C. § 924(c) on the grounds that Davis rendered it…
21-5906 Michael Jerome Pettway v. United States Sixth Circuit 2021-10-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment Ineffective-assistance-of-counsel
21-5601 Abdullah Hamidullah v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing Did the district court violate the defendant's substantial due process rights during the mandatory Rule 11 colloquy?
21-5490 Joseph Montrel Bourgeois v. Texas Texas 2021-08-26 Denied Relisted (2)IFP civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search Whether the trial court and criminal court of appeals of Texas violated established federal law as determined by the United States Supreme Court
21-192 Gregory S. Simpson v. United States Armed Forces 2021-08-11 Denied Response Waived aiding-and-abetting contraband criminal-liability due-process guilty-plea mens-rea statutory-construction Is it a constitutional due process violation for Petitioner's guilty plea to distribution of indecent images to be accepted based on a theory that he …
21-5340 Gerald Allen Hiler v. United States Ninth Circuit 2021-08-11 Denied Response WaivedIFP appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the…
21-122 Davin Seth Waters v. United States Fifth Circuit 2021-07-28 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary?
21-5142 Michael Angelo Williams v. United States Sixth Circuit 2021-07-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea Whether Mr. Williams should have been permitted to withdraw his guilty plea
21-5042 John Shields v. United States Sixth Circuit 2021-07-08 Denied IFP controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine conflicts with this Court's plain-error-jurisprudence
20-1825 Jeffrey McClatchy v. Texas Texas 2021-07-01 Denied brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz Whether due process entitles a defendant to exculpatory information pre-plea
20-8369 Clarence Clark v. United States Second Circuit 2021-06-21 Denied Response WaivedIFP 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent
20-8286 Kemon Dominique Thompson v. United States Eleventh Circuit 2021-06-11 Denied Response RequestedResponse WaivedRelisted (2)IFP categorical-approach constitutional-error crime-of-violence guilty-plea hobbs-act-robbery jurisdiction jurisdictional-challenge statutory-interpretation united-states-v-davis Whether Mr. Thompson's plea of guilty was voluntary, knowing, and intelligent
20-8247 Marcus Darwyn Jones v. United States Fifth Circuit 2021-06-09 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing
20-8267 Christopher Jermaine Kelley v. United States Sixth Circuit 2021-06-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining Question not identified
20-8170 Ronnie Ray Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP aedpa-standard due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea judicial-discretion recusal statute-of-limitations Whether the state's adjudication - or lack thereof - of Petitioner's Tennessee Rules of Civil Procedure Rule 60(b) Motion, Tennessee Rules of Criminal…
20-8135 Gregg McNamara v. Rob Bonta, Attorney General of California Ninth Circuit 2021-05-25 Dismissed Response WaivedIFP coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment Whether a person convicted while suffering from severe mental impairment can invoke the Sixth Amendment right to know the nature and cause of the acti…
20-8111 Taariq Kaaleeq Jackson-Bey v. United States Eighth Circuit 2021-05-24 Denied Response WaivedIFP appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief Whether the petitioner's guilty plea to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) was not knowingly and intelligently made…
20-8091 Steven Zapata v. Kentucky Kentucky 2021-05-20 Denied Response WaivedIFP competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v…
20-8073 Damari Jennings v. Louisiana Louisiana 2021-05-19 Denied Response WaivedIFP alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment Was Jennings denied due process and equal protection when the trial court refused to allow him to withdraw his guilty plea?
20-8068 Stephen Mark McDaniel v. Edward Philbin, Warden Georgia 2021-05-18 Denied Response WaivedRelisted (2)IFP certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey Did the Supreme Court of Georgia abuse its discretion by refusing to grant a Certificate of Probable Cause to review the judgment of the Habeas Court?
20-7870 Scott Raymond Tignor v. United States Tenth Circuit 2021-04-28 Denied IFP appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of…
20-7740 Jason Robert Vickers v. Kenneth Diggs, Warden Fourth Circuit 2021-04-14 Denied Response WaivedIFP criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea
20-7764 Jamil Stefon Carter v. O'Bell T. Winn, Warden Sixth Circuit 2021-04-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria…
20-1439 Phillip Dwayne Loyd v. United States Eighth Circuit 2021-04-14 Denied Response Waived actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus Whether a district court may deny a habeas corpus petition solely because a petitioner's factual allegations contradict a guilty plea
20-7724 John K. Wilson v. Rosemary Ndoh, Warden Ninth Circuit 2021-04-12 Denied Response WaivedIFP constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings Whether a defendant is entitled to de novo review of a claim that his guilty plea was involuntary under the Fourteenth Amendment
20-7672 James Michael Garcia v. United States Ninth Circuit 2021-04-07 Denied Response WaivedIFP assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury Whether the government may pursue an assault charge after a defendant pleads guilty to felony child abuse where the assault charge subsumes the pled p…
20-7604 Christopher Johnson v. United States Ninth Circuit 2021-03-31 Denied IFP appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif Whether the appellate court may assume the indictment alleges a federal offense and consider material outside the trial record to adjudicate the defen…
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev…
20-7429 William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-11 Denied Response WaivedIFP appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief Whether a reasonable COVID-19 debate
20-7394 Joaquin Ramos De La Cruz v. United States Fifth Circuit 2021-03-09 Denied IFP 18-usc-922 18-usc-924 armed-career-criminal-act categorical-approach circuit-split divisibility felon-in-possession guilty-plea knowledge-requirement sentencing-enhancement statutory-interpretation structural-error Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon without being advised that one element is knowledge of his s…
20-7291 John L. Harris v. Illinois Illinois 2021-03-02 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th…
20-7300 Robbull Bryant v. United States Second Circuit 2021-03-02 Denied Relisted (2)IFP 2nd-amendment constitutional-challenge conviction criminal-procedure due-process guilty-plea plain-error rehaif rehaif-error second-circuit standing Whether the Second Circuit Court of Appeals erred in denying Bryant's constitutional challenges to his guilty plea to a violation of 18 U.S.C. § 922(g…
20-7282 Earl Malloy v. United States Second Circuit 2021-03-01 Denied IFP 18-usc-922g criminal-law criminal-procedure due-process firearms-offense guilty-plea rehaif-standard rehaif-v-united-states sentencing statutory-interpretation Whether this petition should be held pending the decision in United States v. Gary, No. 20-444, given that both this petition and Gary present the sam…
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Whether the petitioner was denied his right to counsel
20-1129 Scott Phillip Flynn v. United States Eighth Circuit 2021-02-17 Denied Amici (1) constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea
20-7152 Brian Hook v. Indiana Indiana 2021-02-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment Whether the petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments
20-7156 Faizal Sabar, aka Brian Pimentel v. United States Fifth Circuit 2021-02-16 Denied Response WaivedIFP criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an…
20-7124 George Skylar Cloud v. United States Ninth Circuit 2021-02-11 Denied Response WaivedIFP criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to …
20-1095 Darius Wayne Haws v. Idaho Idaho 2021-02-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary
20-7062 Alfred L. Cross v. United States Seventh Circuit 2021-02-05 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t…
20-7036 Emmanuel Ravell v. United States Fifth Circuit 2021-02-04 Denied Relisted (2)IFP automatic-relief circuit-split criminal-law felon-in-possession firearm-possession guilty-plea plain-error rehaif structural-error Whether a guilty plea to possessing a firearm as a felon in violation of 18 U.S.C. 922(g)(1) and 924(a) that was entered before Rehaif v. United State…
20-6862 Montecarlos Gant v. United States Eighth Circuit 2021-01-13 Denied Relisted (2)IFP appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights Whether automatic reversal is required when a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause
20-6802 Noel Jones v. United States Fifth Circuit 2021-01-08 Denied Response RequestedResponse WaivedRelisted (2)IFP automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has bee…
20-6730 Jose Lupe Corrall v. United States Fifth Circuit 2020-12-31 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant pleading guilty to knowingly distributing a controlled substance must admit that he knew the sub…
20-6726 Jamie Betances v. United States First Circuit 2020-12-30 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th…
20-6727 Sergio Avalos v. United States Ninth Circuit 2020-12-30 Denied Response WaivedIFP criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted 'fair and j…
20-6714 Jevonne Martell Coleman v. United States Eighth Circuit 2020-12-29 Denied Relisted (2)IFP appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights When a defendant's plea was not knowingly and intelligently made, is automatic reversal required?
20-6706 Roberto Degollado v. Texas Texas 2020-12-23 Denied IFP and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining Is a defendant's open plea of guilty to murder valid when the plea colloquy reflects the defendant does not remember the conduct, or is it no longer r…
20-6610 Luis Sanabria-Robreno v. United States Third Circuit 2020-12-11 Denied Relisted (2)IFP 18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states When defendants plead guilty, can a court treat a plea as constitutionally valid when it was entered without knowledge of an offense element?
20-6598 Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-12-10 Denied IFP civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment Whether the petitioner is entitled to equitable tolling
20-6601 Savannah Sifuentes v. United States Fifth Circuit 2020-12-10 Denied Relisted (2)IFP appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a…
20-6583 Edgar Espinoza v. United States Ninth Circuit 2020-12-09 Denied Relisted (2)IFP constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense
20-6511 Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States First Circuit 2020-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'…
20-6405 Joshua Cato v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant who pleads guilty to knowingly distributing a controlled substance must admit that he knew the s…
20-6305 Roosevelt Leon Cooper v. United States Eleventh Circuit 2020-11-13 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-6291 Christopher Stacy v. United States Eleventh Circuit 2020-11-12 Denied Relisted (2)IFP criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-6192 Jamal Aikeem Hutchinson v. United States Eleventh Circuit 2020-11-02 Denied Relisted (2)IFP appellate-review constitutional-law criminal-law criminal-procedure due-process firearms guilty-plea henderson-v-morgan plain-error plain-error-review statutory-interpretation Can the appellate courts' divergent approaches to plain error review of pre-Rehaif guilty pleas be reconciled with one another?
20-6162 Frank Trujillo v. United States Tenth Circuit 2020-10-29 Denied Relisted (2)IFP criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review Whether a defendant's guilty plea was knowing and voluntary when the defendant was not informed of an element of the offense
20-6121 Jesus Adam Lizarraga v. United States Eighth Circuit 2020-10-23 Denied Response WaivedIFP certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default Whether the Eight Circuit's denial of a certificate of appealability
20-6109 Rashawn D. Watson v. United States Sixth Circuit 2020-10-22 Denied Relisted (3)IFP criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak…
20-6018 Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea?
20-5852 Robert Louis Brandon v. United States Fifth Circuit 2020-09-30 Denied Relisted (3)IFP appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error Is a district court's error under Rehaif v. United States a structural error that warrants automatic reversal of a guilty plea?
20-5824 Trenard Caldwell v. United States Eleventh Circuit 2020-09-28 Denied Relisted (3)IFP criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error Whether a defendant's guilty plea to a violation of 18 U.S.C. §922(g) is reversible error per se where the plea was neither knowing nor voluntary due …
20-5812 Jason Andrew Dunlap v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines Whether the sentencing Guidelines limit the maximum offense level to 43, so that, there is a reduction when a defendant accepts responsibility by ente…
20-5796 Isaac Thomas v. United States Eleventh Circuit 2020-09-24 Denied Relisted (3)IFP 922(g)(1) 922(q)(2)(A) commerce-clause due-process guilty-plea rehaif-v-united-states Whether a defendant's guilty plea entered before Rehaif v. United States constitutes a due-process-violation
20-5760 Daniel Carl Frederickson v. California California 2020-09-21 Denied IFP capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am…
20-5746 Brandon Thomas Finnesy v. United States Tenth Circuit 2020-09-17 Denied IFP 28-usc-636 consent-jurisdiction criminal-procedure federal-courts federal-criminal-procedure guilty-plea judicial-consent magistrate-judge statutory-interpretation Whether 28 U.S.C. § 636(b)(3) authorizes a federal magistrate judge to accept a guilty plea with the parties' consent?
20-5719 Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-16 Denied Response WaivedIFP certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-5691 In Re Freeman Berry 2020-09-14 Denied IFP constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containi…
20-5666 Cristian Mendoza v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of r…
20-5577 Malik Timbers v. United States Eleventh Circuit 2020-09-02 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable
20-5499 Savannah Rolle v. United States Eleventh Circuit 2020-08-26 Denied Relisted (3)IFP criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent…
20-5489 Rodney Lavalais v. United States Fifth Circuit 2020-08-25 Denied Relisted (3)IFP 2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error When a defendant's plea was not knowingly and intelligently made, is automatic reversal required?
20-5473 Andres Chavez v. United States Fifth Circuit 2020-08-24 Denied Response WaivedIFP criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing Whether Chavez was denied due process when he was misled into entering a guilty plea
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions
20-5404 Jermaine Isaac Ross v. United States Eleventh Circuit 2020-08-19 Denied Relisted (3)IFP armed-career-criminal-act criminal-procedure due-process guilty-plea non-elemental-facts prior-offenses rehaif-v-united-states sentencing-enhancement serious-drug-offense whether-federal-court-may-increase-sentence-under-acca
20-171 Isaac L. Hobbs v. United States Sixth Circuit 2020-08-17 Denied Relisted (3) 18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S…
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that t…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington Was Mr. Temple denied effective assistance of counsel?
20-5042 Julian Silva-Aguilar v. United States Ninth Circuit 2020-07-13 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea
19-1457 Matthew Hudak v. Illinois Illinois 2020-07-06 Denied brady-obligations due-process exculpatory-evidence exculpatory-material guilty-plea impeachment-evidence prosecutorial-misconduct Whether the prosecution's Brady obligations allow the prosecution to deliberately suppress relevant impeachment or exculpatory material before a guilt…
19-8816 Willie Edward Blackshire v. United States Eleventh Circuit 2020-06-25 Denied Relisted (3)IFP circuit-split constitutional-validity due-process guilty-plea henderson-v-morgan rehaif-standard rehaif-v-united-states structural-error Whether a guilty plea is structural error?
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requir…
19-8649 Angelo Johnson v. United States Eighth Circuit 2020-06-13 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty…
19-8635 Kenneth Brown v. Kentucky Kentucky 2020-06-08 Denied Response RequestedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders…
19-8593 Damon Christopher Crim v. Ohio Ohio 2020-06-03 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void?
19-8579 Jonathan Frank Davis v. United States Ninth Circuit 2020-06-01 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol…
19-8553 Devian Phillips v. Ohio Ohio 2020-05-28 Denied IFP constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise Whether a guilty plea is voluntarily and intelligently made when it rests on a promise or agreement of the prosecutor that cannot be fulfilled
19-8274 Tracy Anthony Scott v. United States Eleventh Circuit 2020-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-8098 Juan Carlos Rodriguez v. United States Ninth Circuit 2020-03-24 Denied Response WaivedIFP concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-7985 Charles Ray Hooper v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability?
19-7991 Oscar Garcia v. United States Tenth Circuit 2020-03-16 Denied IFP article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 Whether a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent
19-7840 Victor Dewayne Jones v. Joe Errington Fifth Circuit 2020-03-02 Denied Response WaivedIFP civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel Whether Petitioner was denied his right to due process of law
19-1068 Keith Inchierchiere v. Florida Department of Corrections, et al. Eleventh Circuit 2020-02-28 Denied Response Waived attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving…
19-7823 Seth A. Weaver v. Illinois Illinois 2020-02-28 Denied Response WaivedIFP 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea Does Illinois ignorance-of-the-law theory deny successive-post-conviction-petitioners relief-from-constitutionally-unsound-guilty-pleas?
19-1050 Kyle Brooks v. Colorado Colorado 2020-02-24 Denied Response Waived allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea Was the plea valid?
19-1052 Andre G. Dewberry v. United States Eighth Circuit 2020-02-24 Denied appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself
19-997 Gary S. Williky v. Securities and Exchange Commission Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2) appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W…
19-7575 Rashaun Scott Carter v. United States Fourth Circuit 2020-02-05 Denied Response WaivedIFP appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc…
19-7398 Andrew James Gibbons v. Nate Knutson, Warden Eighth Circuit 2020-01-24 Denied IFP guilty-plea habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel knaffla-bar mental-illness mental-illness-defense Opsahi-rule procedural-default Spears-rule state-procedural-rule Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defense?
19-7194 Juan Carlos Vazquez v. South Carolina South Carolina 2020-01-07 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea Does the evidence in the record that petitioner does not understand English plainly show that any admission at the guilty plea hearing could not relia…
19-7161 Aaron Michael Murray v. United States Eleventh Circuit 2020-01-03 Denied Response WaivedIFP burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes …
19-7146 David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2020-01-02 Denied Response WaivedIFP appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights Was the petitioner's counsel ineffective in pre-trial stages?
19-7011 Carl Golden v. United States Eleventh Circuit 2019-12-19 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-6951 Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-18 Denied IFP 28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet…
19-6984 Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-12-18 Denied IFP certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default Does Martinez v. Ryan excuse a procedural default in Federal Habeas Corpus proceedings?
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?
19-6899 Jose Luis Meza-Lopez v. United States Eighth Circuit 2019-12-10 Denied Response WaivedIFP concealment constitutional-rights criminal-law criminal-procedure cuellar-v-united-states due-process guilty-plea ineffective-assistance-of-counsel ineffective-counsel money-laundering transportation Does the Court's holding in Cuellar v. United States require more than a finding of concealing something for transportation to show money laundering?
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right?
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-6576 James Marvin Reed v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP blackledge-v-perry circuit-court-review district-court district-court-power eighth-circuit guilty-plea jurisdictional-challenge penson-review subject-matter-jurisdiction united-states-v-cotton waiver Whether the Eighth Circuit erred in ruling that the defendant waived his jurisdictional challenge by pleading guilty, despite the well-settled princip…
19-6560 Matthew Joseph Lucio v. United States Fifth Circuit 2019-11-08 Denied Response WaivedIFP consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen…
19-6551 Neil Timothy Aho v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his guilty p…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently
19-6471 Diego Alonso Lozano-Perez v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary
19-6445 Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States Ninth Circuit 2019-10-30 Denied Response WaivedIFP 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error Whether denial of a right to self-representation during sentencing is subject to harmless error analysis or structural error
19-6346 Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-22 Denied IFP 14th-amendment aedpa aedpa-deference attorney-perjury due-process guilty-plea ineffective-assistance-of-counsel mental-disorders perjury plea-voluntariness strickland-v-washington trial-attorney-perjury Does deference provided from AEDPA and Strickland v Washington apply when there is evidence of trial attorney perjury before the court?
19-5995 Jason L. Clark v. United States Eighth Circuit 2019-09-18 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction Does a guilty plea bar a criminal defendant from later collateral attack on his conviction on the ground that the statute of conviction violates the c…
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst…
19-5949 Marcelino Martinez v. United States Fifth Circuit 2019-09-16 Denied IFP criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights when-district-court-violates-rule-11(c)(1)-of-federal-rules-of-criminal-procedure
19-5842 William Sim Spencer v. Michigan Michigan 2019-09-06 Denied Response WaivedIFP actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations Where it can be shown that the order to register as a sex offender is not limited in scope to stand on a valid guilty plea supported by the effective …
19-5830 William H. Danielson v. New York New York 2019-09-05 Denied Response WaivedIFP appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal Should judicial misconduct survive a waiver of appeal and guilty plea?
19-5767 Virgil Lee Bailey v. United States Fifth Circuit 2019-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review
19-5656 Armando J. Mena v. Rosemary Ndoh, Warden Ninth Circuit 2019-08-21 Denied Response WaivedIFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent…
19-5572 Rickie Markiece Atkinson v. United States Fourth Circuit 2019-08-13 GVR IFP 18-usc-922g armed-career-criminal-act breaking-and-entering burglary categorical-approach circuit-precedent fourth-amendment guilty-plea north-carolina-breaking-or-entering rehaif-standard rehaif-v-united-states statutory-interpretation Whether North Carolina breaking or entering is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or statutory subject-matter jurisdiction be used to enhance a 24-y…
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender?
19-5216 Nicholas Pagliuca v. United States Second Circuit 2019-07-17 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais…
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations statute-of-limitations
18-9845 Bradley Joseph Vanzant v. Keith Yordy, Warden Ninth Circuit 2019-06-27 Denied Response WaivedIFP 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ…
18-9783 Nasser Ghelichkhani v. United States Eleventh Circuit 2019-06-25 Denied Response WaivedRelisted (2)IFP constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appeali…
18-9748 George Hernandez v. United States Ninth Circuit 2019-06-20 Denied Response WaivedIFP confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information abo…
18A1333 Alfredo Beltran Leyva v. United States District of Columbia 2019-06-19 Presumed Complete criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing Whether a district court may deny a criminal defendant's motion to withdraw a guilty plea after the defendant seeks to proceed to trial and challenges…
18-9642 Jeffrey Benton v. United States Second Circuit 2019-06-12 Denied Response WaivedIFP appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal
18-9572 William Paul Cox, Jr. v. United States Ninth Circuit 2019-06-06 Denied Response WaivedIFP 18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls Whether petitioner had an enforceable claim under the Stored Communications Act
18-1494 Michael Steven Beeman v. United States Fourth Circuit 2019-05-31 Denied Response Waived counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt…
18-1499 Umesh Kaushal v. Indiana Indiana 2019-05-31 Denied Response WaivedRelisted (2) due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand…
18-9304 Abel De Leon v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1)
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-9206 Mitchell Felix Brooks v. United States Fourth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts Whether the District Court Judge abused its discretion in violation pursuant to Rule 11
18-9147 Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-06 Denied Relisted (2)IFP 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation …
18-9108 Milton Mitchell v. Glen Johnson, Warden Eleventh Circuit 2019-05-03 Denied IFP appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance Whether the lower courts erred in failing to order the respondent to show cause and provide indictments, trial transcripts, habeas corpus, and all pro…
18-9133 Abdul Karim Bangura v. United States Fourth Circuit 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal Whether the district court erred in denying the defendant's motion to withdraw his guilty plea
18-9004 Vaughn S. Archer v. Daniel Paramo, Warden Ninth Circuit 2019-04-29 Denied Response WaivedIFP boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st…
18-9020 Michael Marshall v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid
18-8963 Jose Cobian v. Illinois Illinois 2019-04-24 Denied Response WaivedIFP 730-ilcs-5-5-9-1-1 apprendi constitutional-challenge criminal-fines due-process guilty-plea sentencing southern-union-co-v-united-states standing statutory-interpretation supreme-court-precedent Whether the U.S. Supreme Court's holding in Southern Union Co. v. United States has clarified that criminal fines are subject to the rule announced in…
18-8969 Ronald Lunsford, Jr. v. Indiana Indiana 2019-04-23 Denied IFP criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend…
18-8912 Cirilo Flores v. United States Third Circuit 2019-04-22 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme…
18-8828 Dante Overby v. Pennsylvania Pennsylvania 2019-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment?
18-8816 Charles Ray Hooper v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness Where an appellate court decides that circuit precedent precludes the use of a Brady violation to challenge the voluntariness of a guilty plea, does t…
18-8741 Francisco Frank Apodaca, Jr. v. United States Fifth Circuit 2019-04-09 Denied Response WaivedIFP association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the 'enterprise' definition of the RICO st…
18-8677 Patrick Lloyd v. United States Second Circuit 2019-04-02 Denied IFP circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez Whether Dominguez Benitez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8501 Mohammed Bah v. United States Eleventh Circuit 2019-03-21 Denied Response WaivedIFP constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in an unreasonable …
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing Did Brown have a Constitutional right to have a competency hearing before he plead guilty?
18-8378 Garron T. Briggs v. United States Eighth Circuit 2019-03-11 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t…
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8198 Brandon Lisi v. United States Second Circuit 2019-02-28 Denied Response WaivedIFP appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge whether-petitioner's-guilty-plea-was-involuntary
18-8168 Billy Long v. Pennsylvania Pennsylvania 2019-02-27 Denied Response WaivedIFP due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing
18-8063 Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-25 Denied IFP aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violen…
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment Was the defendant denied the right to effective assistance of trial counsel?
18-7958 John Lohmeier v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington Was Petitioner's plea of guilty knowingly and voluntarily entered?
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…
18-7900 Jorge Ernesto Blanco-Rodriguez v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun…
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
18-7727 Gregory Hatt v. United States Fourth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple…
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili…
18-7504 Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-01-18 Denied IFP circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty ple…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7150 Daniel Hostetler v. Kentucky Kentucky 2018-12-20 Denied Response WaivedIFP brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco…
18-7072 Kenneth Harper v. United States Second Circuit 2018-12-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu…
18-7035 Eminiano A. Reodica v. United States Ninth Circuit 2018-12-14 Denied Response WaivedIFP criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri…
18-6846 Luis A. Pena v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness Whether the Maryland appellate courts erred or abused their discretion
18-6772 Donovan Grant v. United States First Circuit 2018-11-21 Denied IFP appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court Whether the plain-error doctrine permits an appeals court to affirm a conviction based on a potential crime that it identifies in the record that was …
18-6744 Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division Fifth Circuit 2018-11-20 Denied IFP consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit 2018-11-08 Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange
18-6563 Jesus R. Gonzalez-Negron v. United States First Circuit 2018-11-06 Denied IFP criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth…
18-6568 Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-05 Denied IFP competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi…
18-6553 Michael Founier Dixon, aka Michael Fournier Dixon v. Texas Texas 2018-11-02 Denied Response WaivedIFP civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ?
18-6511 In Re Ken Ejimofor Ezeah 2018-10-30 Denied Response WaivedIFP actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy Whether the court should expand the framework in United States v. Hahn on appeal waivers
18-6334 Ahkeem Wiggins v. Robert C. Tanner, Warden Fifth Circuit 2018-10-16 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under …
18-6279 Samuel Kwushue v. United States Eleventh Circuit 2018-10-11 Denied Response WaivedIFP criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief
18-6222 Donte Timothy Bacon v. United States Sixth Circuit 2018-10-04 Denied Response WaivedIFP as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review
18-6147 Macking Nettles v. Connie Horton, Warden Sixth Circuit 2018-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP aedpa due-process guilty-plea habeas-corpus mental-incompetence procedural-bar substantive-due-process time-limit Whether a procedural bar or the AEDPA time limit apply to the substantive due process mental incompetence issue that petitioner plead guilty while men…
18-6093 Brian Tate v. Maryland Maryland 2018-09-26 Denied Response WaivedRelisted (2)IFP constitutional-rights developmental-capacity diminished-capacity due-process fifth-amendment fourteenth-amendment guilty-plea juvenile-defendant juvenile-justice maryland-rule-4-242(c) mental-illness Whether the Due Process Clause requires a state court to conduct an inquiry on the record into the effects of a juvenile defendant's age, mental healt…
18-6081 Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-24 Denied Response WaivedIFP cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea
18-6053 Donald Lee Kissner v. Michigan Michigan 2018-09-20 Denied IFP due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel Whether the petitioner has a due-process right to effective assistance of trial counsel
18-5982 Todd F. Britton-Harr v. United States Fifth Circuit 2018-09-18 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have…
18-5926 Darnell Wilkins v. Jay Lane, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2018-09-12 Denied IFP civil-rights criminal-procedure due-process equitable-tolling guilty-plea habeas-corpus mental-health mental-incapacity pcra psychotropic-medications standing Did petitioner's mental incapacity not entitle him to equitable tolling?
18-5846 Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States District of Columbia 2018-08-30 Denied Response WaivedIFP 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel
18-5814 Bobby Cruz v. United States Seventh Circuit 2018-08-29 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability
18-5771 Jim Walter Qualls, Jr. v. United States Tenth Circuit 2018-08-28 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation Whether a United States Magistrate Judge has statutory authority to accept a guilty plea in a felony case and adjudge a defendant guilty
18-5744 Arthur Lawton Clark v. Walter Berry, Warden, et al. Eleventh Circuit 2018-08-24 Denied Response WaivedIFP 14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default Whether petitioner's indictment and guilty plea were constitutionally deficient, and whether the lower courts erred in denying his claims of ineffecti…
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi…
18-5662 Myrna Diaz v. New Jersey New Jersey 2018-08-20 Denied IFP constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s…
18-5256 Brandon Wade Moragne-El v. Pennsylvania Pennsylvania 2018-07-19 Denied IFP constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the Supr…
18-5162 Ellord Wells v. Mary Potter, Warden Sixth Circuit 2018-07-06 Denied Response WaivedIFP due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o…
18-5 Dennis Riley v. Ohio Washington 2018-07-02 Denied Response Waived brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct whether-defendant-entitled-to-impeachment-or-exculpatory-evidence-after-pleading-guilty
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment Was petitioner denied his Sixth Amendment right to effective assistance of counsel?
18-5072 Jill M. Evans v. United States Tenth Circuit 2018-07-02 Denied Response WaivedIFP acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel…